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Item C12 C.12 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.12 Agenda Item Summary #11555 BULK ITEM: Yes DEPARTMENT: Strategic Planning TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540 No AGENDA ITEM WORDING: Approval of Agreement with Rams Head Promotions of Key West, LLC and authorization for the County Administrator to execute the finalized agreement and approval of expenditures relating to the Monroe County 200th Anniversary Celebration event on March 25, 2023 ITEM BACKGROUND: On March 25, 2023, the Monroe County 2001h Anniversary Celebration event will take place at the Coffee Butler Key West Amphitheatre. The venue rental agreement with Rams Head Promotions of Key West LLC which includes the budget is attached for approval. This agenda item request authorization for the final version to be executed by the County Administration. The Monroe County 2001h Anniversary Celebration event will include a musical concert and drone show. This item also seeks Board approval to procure and purchase good and services as needed relating to the production of this event. PREVIOUS RELEVANT BOCC ACTION: On 10/19/22 The Board approved a resolution which authorized the use of Tourism Development Tax Revenues in a not to exceed amount of$150,000 to be used to fund the March 25, 2022, event. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2022 Rental Agreement- 200th Anniversary Monroe with Budget Attachment with legal stamp FINANCIAL IMPACT: Effective Date: Upon Execution Packet Pg.404 C.12 Expiration Date: Upon completion of the 3/25/23 event Total Dollar Value of Contract: Total Amount for Event NTE $150,000 Total Cost to County: $0 Current Year Portion: Budgeted: Yes Source of Funds: TDT Funds 115 75041 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: The County will be required to provide Certificates of Insurance 10 days prior to the event as per the attached agreement with Rams Head. Additional Details: TDC Source of Funds 115 75401-Not To Exceed $150,000.00 01/18/23 NEW COST CENTER ADDED $150,000.00 115 75041 SC_00039 REVIEWED BY: Kimberly Matthews Completed 12/29/2022 6:48 PM Christine Limbert Completed 12/30/2022 9:37 AM Purchasing Completed 12/30/2022 9:54 AM Budget and Finance Completed 01/03/2023 9:21 AM Maria Slavik Completed 01/03/2023 12:17 PM Lindsey Ballard Completed 01/03/2023 1:03 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg.405 C.12.a (D E (D (D COFFEE BUTLER KEY WEST AMPHITHEATER AT TRUMAN WATERFRONT 0 RENTAL AGREEMENT 0 Agreement CL This Rental Agreement is between Rams Head Promotions of Key West LLC,herein re- < ferred to as "Rams Head Presents") and Monroe County, a political subdivision of the E State, hereinafter referred to as "Tenant"The purpose of this Agreement is to define the obligations of both parties pertaining to the rental of the Coffee Butler Key West Amphi- theater described in the enclosed Attachment. The venue described in Attachment has been reserved for you for the date and time stipulated. Please note that the hours as- signed to your event include all set up and all clean up, including the set up and cleanup of all subcontractors that you may use. It is understood you will adhere to and follow the terms of this Agreement, and you will be responsible for any damage to the premises and site, including the behavior of your guests, invitees, agents or sub-contractors re- sulting from your use of venue. You are responsible for providing a list of all vendors to the Coffee Butler Key West Amphitheater Venue Manager four (4)weeks prior to your as event. In addition to the Certificate of Insurance you will be providing as the Tenant, you are also responsible for providing Rams Head with valid certificates of insurance with the proper amounts of coverage for all sub-contractors that you are using for your event. These sub-contractors include, but are not limited to, caterers,valets, performers, photographers, entertainment, equipment rentals (tables/chairs/tents, etc.), florists, decorators, sound and lighting technicians, etc. All sub-contractors not affiliated with Rams Head Presents must have a certificate of insurance, naming"Rams Head Promo- tions of Key West, LLC" and the "City of Key West" as additional insured. In addition, Tenant and each sub-contractor must complete E-Verification at least to days prior to event. Fees and Deposit The rental fee and terms for your specific event(s) are described on the enclosed Attach- ment(s). Unless otherwise stated,the total fee is due two(2)weeks prior to your event. Upon receipt of this contract, a 25%deposit of the total rental fee is due to hold the 0 venue for your event given it is a non-ticketed event.The deposit is due two(2)weeks from the date signed by Rams Head on this Agreement. Please send your signed Agree- ment and deposit to: °b Rams Head PresentsCD 512 Eaton Street Key West FL 33040 E Packet Pg.406 C.12.a Each deposit is non-refundable and non-transferable. If cancellation occurs within the last two weeks of the event,the full value of the event fees will be withheld. Insurance E Each tenant and their sub-contractors must obtain and provide a Commercial General Liability policy with a minimum coverage of$1 million.The City of Key West shall be named as an additional insured on Tenant's Certificates of Insurance.All subcontractor 0 shall name the City of Key West and Rams Head Promotions of Key West, LLC as addi- tional insured.A Certificate of Insurance must be received no later than io days prior to event date. E-Verification E All subcontractors that perform work under contract must enroll and participate in the &Verify Program.All companies must provide proof of enrollment and make such rec- ord(s) available to Rams Head Presents and the City of Key West upon request. n Indemnity In addition, subject to the sovereign immunity protection and limitations of indemnifi- cation as set forth in 768.28, Florida Statutes Tenant agrees to indemnify and hold harmless Rams Head Presents,its officers, staff and agents working on its behalf,from any and all claims, actions, suits, costs, damages, and liabilities resulting from the breach of this Agreement,the negligent actions,willful misconduct or omissions of Ten- ant.Nothing in this agreement shall be construed as or provide for a waiver of sovereign immunity. Event Set-up Limitations All property belonging to Tenant,Tenant's invitees, guests, agents and sub-contractors, 0 and all equipment shall be delivered, set up and removed on the day of the event. Should the client need earlier access for set-up purposes,this can be arranged for an additional fee.The Tenant is ultimately responsible for property belonging to the Tenant's invitees, guests, agents and subcontractors. .•No rice, rose petals,birdseed, confetti, glitter,floating sky lanterns,fire pits,till torches or sparklers are allowed on the premises. • Lights or other decorations may not be attached to the palm trees or other landscap- ing. • All decorations must be approved by the Venue Manager. Caterers Rams Head Presents has a list of approved caterers to choose from.We require you to N select a caterer(s)from this list.No caterer can be used that is not on this list. Each ca- Q terer on this list is familiar with the Coffee Butler Key West Amphitheater venue,rules and regulations. Each caterer provides excellent food and exceptional service. Each one of these approved caterers carries Rams Head Presents required liability insurance and health permits.They offer a variety of menus and price ranges. Packet Pg.407 C.12.a Sound/Audio&Lighting Below are our approved companies to provide sound and lighting for your event. Please consult with us on the scope of event and we can recommend the best company for your needs. 0 Audio Images Art of Sound Food and Beverage Control With respect to any food and beverage services at the Coffee Butler Key West Amphithe- ater, Rams Head Presents shall always bear sole responsibility for and execute all man- agement activities related to food and beverage sales and operations, including, but not limited to, the acquisition and distribution of alcohol and supervision of serving and sales staff. Rams Head Presents shall be responsible for the hiring, firing, and supervi- sion of any personnel, specifically including those who handle food and beverage sales and operations at the venue.All profits from bar and concessions remain with venue management. Usher,Ticket Takers, Security Staff All ushers,ticket-takers and security arrangements are made through Coffee Butler Am- phitheater management at the tenant's expense. Staffing requirement numbers are de- pendent on the type of show and the expected attendance. Please see rate sheet. 0 Clean Up Tenant shall be responsible for returning the venue to the state that it was provided to them.All property belonging to Tenant,Tenant's invitees,guests, agents and sub-con- tractors, shall be removed by the end of the rental period.All property remaining on the premises beyond the end of the rental agreement will be charged at the prevailing hourly rate. Should the tenant need special consideration for the removal of property beyond the rental period,this can be arranged prior to the beginning of the event for an addi- tional fee. Rams Head Presents is not responsible for any property left behind by Ten- ant,Tenant's guests, invitees, agents and sub-contractors.The Tenant is responsible for any and all damages to Rams Head Presents venues and surrounding site. Rams Head Presents shall do a general clean up of the venue at the conclusion of the event,however it is the Tenant's responsibility to remove all decorations. Event Staff N Rams Head Presents Venue Manager will be accessible throughout your event.The Q manager will ensure that the venue and surrounding site are ready for your event, and will meet with you prior to the beginning of your event.The manager will be accessible to you at anytime during your event, and a contact number will be given to you to reach Packet Pg.408 C.12.a the manager if they are away from the venue.The manager will meet with you again to coordinate the ending of your event. Advertisement Advertising and the sale of tickets for any event is not permitted until rental agreement, verified seating manifest and signed contract have been received and approved by Coffee 0 Butler Amphitheater management. 0 Ticketing Tenants are required to sell tickets through the venue's ticketing system. Rams Head 0. Presents is contracted through AXS.Ticket purchasing can be made via the Coffee But- ler Amphitheater website(thtke3yestamp.com) and at the Key West Theater box office U) at 512 Eaton Street.Tickets are also offered day of show at the Coffee Butler Amphithea- ter Box Office.Venue Management shall be provided with ten(10) available complimen- tary tickets for all performances. Set Up/Break Down Tenants will be given a one-day window on the front and back of rental date for set up and breakdown.Additional days are subject to additional rental fees. Tents All tents and other logistical structures must be secured and weighed down. Staking is NOT allowed.All weights used to secure tents should be a minimum of 10-151bs at each n ground point. 0 Police 0 Law Enforcement Officers are scheduled through Coffee Butler Amphitheater manage- ment to assist with safety.The size and type of show, as well as the expected attendance, will determine the number of law enforcement officers required.The tenant is responsi- ble for this expense. First Aid Coffee Butler Amphitheater management requires trained medical staff at every event. The renter is responsible for this expense. E Force Majeure The ability to execute this Agreement by either party is subject to the Acts of God, in- cluding but not limited to hurricanes,flooding, earthquakes,fires,power outages, etc, as well as any government intervention, staff disputes and strikes, civil disorders,terror- N ism, or other emergencies. Should the event be canceled through a Force Majeure event, Q all fees paid by Tenant to Rams Head Presents will be returned to Tenant within thirty (30) days. E Publicity/Use of Name and Logo Packet Pg.409 C.12.a (D Client shall not ur,s t ra name of Ranis Head Pr• enta„ 'any,trade narn , service mark, as tra,d uur,a Is,ac wGrip a or logo of Rams Head pr(c�Seuut,arr any publicityreleases, d crti - ' ing or any other publication without%wra Ilead r°eselut prior wu,i".,err consent 4- 0 thr»uuuuuu they are 0 �� ru "� u t1rAgreement onc ref auk the a« trc e a b u aCL at that authorized to make agycements and to bjxW their pri c,rtua.I s to this Tc ua t. CL CL E °lT ,NT as 3y~: ...... (Signature) Date: (D rariut) E RA31S HEAD PRESENTS KEY WEST,IA,C,as Florida limited liability coinparpy M as a:au� .. __..._...m .__. 0 0 U) (D MONROE COUNTY ATTORNEY '� NP1'R�YV.,�3I)AS'f0 Fl1R M1: � CHRISTINE LIMBL-MBARROWS ASSISTANT Clyga,t TTORNEY DATE 'I�...,..i..�L3 04 e (D E (D (D (D 04 04 CD 04 (D E „. .,,._ „a,„,. AfllpNl9fAPAl�0.�1(�(dV�i81,�fi�Y��tN'M'M144SW� Packet Pg.410 C.12.a ATTACHMENT Venue Rental Agreement 0 0 CL CL Name of Tenant: Monroe County BOCC CL Type of Event: Musical Concert and Drone Show E U) Name of Event: Monroe County 200t'Anniversary Celebration(working title) Date of Event: March 25ffi, 2023 Time of Event: Doors open at SPm, Event begins at 6pm with Drone show to begin at 8:45Pm Access to Venue(includes set-up&tear down time): (I don't know this one...what would you suggest for Nick and Howard?) Event must end at_drone show expected to end at 9Pm n Contact Phone Number: 305-587-3683- Kimberly Matthews 0 Email: matthews-kimberlyomonroecounty-fl.gov nE CN E CN CN CN E Packet Pg.411 C.12.a Estimated Costs due to Rams Head Presents 4- 0 *Not all fees will be applicable to all tenants 0 CL CL VENUE RENTAL FEE : Site fee that covers the cost of renting the venue CL MANAGEMENT FEE: Staffing fee for management hours dedicated to the on-site needs of the tenant U) ADMINISTRATIVE : Fee for work hours dedicated to the event outside of on-site venue management hours SET UP/BREAKDOWN: Staffing fee for any set up,maintenance and breakdown dedicated to event WASTE MANAGEMENT: Cost of garbage and recycle of the event,as well as rental of port-o- lets and garbage and recycle dumpsters CITY RENTAL&CLEAN UP: Barricade rentals,trash&recycle bin rental,event clean up FIRE/EMT:Trained medical staff are required at every event. The size and type of show, as well as the expected attendance,will determine the number required. 0 POLICE: Law Enforcement Officers are scheduled to assist with safety.The size and type of show, as well as the expected attendance,will determine the number of law enforcement officers required. BOX OFFICE PERSONNEL: Ushers,ticket takers, and scanners. Staffing requirement numbers are dependent on the type of show and the expected attendance. SECURITY: Staffing requirement numbers are dependent on the type of show and the expected attendance. SOUND/AUDIO/LIGHTING/STAGEHANDS: All work performed by contracted production company is at the tenant's expense. N CATERING: Food vending and catering must go through an approved contractor. Please Q communicate needs with management. E Packet Pg.412 C.12.a TENT/TABLE/FORK&SCISSOR/GENERATORS:All rentals of these items must go through approved Coffee Butler Amphitheater contractor.Please communicate needs with man- agement. MISC(Trailer Rentals):Available for rent. Please discuss pricing with management 4- 0 0 CL CL CL E E c� ,E CN E CN CN CN E c� Packet Pg.413 OPERATIONAL BUDGET-200th Anniversary Celebration ITEM Expense Notes Waste Management(trash&recycle $4,000 Required:1 port o let for every 75 people,1-20 yrd garbage,120 yd uj containers,port o lets) recycle M Four Star Rental(Tents,tables,fork lift, scissor lift) $3,500 City Staffing&Rental(barricades,chairs, trash cans/recycle cans,on-site trash $2,000 removal during event/clean up post event) Police-$55/hr $825 Based on 2 officers w/1 supervisor-2 hours Fire Dept-$55/hr $550 Based on 2 EMT*They may require more-2 hours Venue Rental w/tax $8,000 Performance rate(County is Tax exempt) Currently no on-site internet but can be outsourced through outside Internet/Wireless NA company X Marketing TBD-Renter may handle own marketing Trailer Rental(Green Room/Dressing $750 If needed,we have two trailers(24'+28')Rental prices:$750& Rooms/Production Office) $1000 E Box Office Staff $250 Entrance/ticketing personnel)-we can utilize volunteers mainly Ry Insurance COls will be provided per Agreement by County Risk Manager 0 1E Stage Hands $2,500 > 2 0. Production $17,000 12,000+video wall(5k) 0. Security $1,400 $24/hr+1 Head of Security @ $40/hr*baed on 10 security staff+lead E Responsible for developing and executing operations for event from Operations Manager-$40/hr $500 beginning to end.Fee charged based on hours dedicated to executing event. Artist Catering $500 Dependent on artist needs Ensures facility properly set up for event,maintained and secure. Facility Manager-$50/hr $1,000 Fee charged based on hours required on-site for event. E Sky Elements,a subcontractor of RamsHead will provide a 250 drone show at Drone Show $70,000.00 the end of the concert. rn F_ za ca 2 a 0 ca rU ca ca ca Packet Pg.414